Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-02-10
SOME OBJECTIONS TO THE HYDRAULIC
MINING BILL.

LIT OOuTtS Vi lHe Idllu, Oldtc anu L Gu
eral, have held the usual methods en-
ployed in hydraulic mining to be unlawful,
and have granted injunctionS to prevent
their employment. The Federal depart
ments and Congress have decreed that the
work Of restoring the nayigable streams
shall not be entered upon until there is
cessation of these methods, and the Fed
eral Legislature has directed that the Sec
rotary of War proceed in the Courts
to enjoin hydraulic miners from washing
debris into the streams. If any compre-
hensive and safe method could possibly be
devised by which such mining could be
prevented without injury or menace to
agricultural interests and valley homes,
drainage and the great navigable
streams, no one in the val
ley would be found to object
Substitute for Senate bill 81 treats of this
subject and proposes system of restrain
ing dams for mining debris, by approprI-
ators of water for mining purposes. But,
taken as whole, and irrespective of its
radical defects the bill is gravely at fault
as interfering with and handicapping the
comprehensive and symmetrical drainage
and irrigation system which this State
must soon adopt for the control of
the streams and the conservation of their
waters for the highest good of the people.
Section l of the bill provides for the
formation of corporations by persons or
corporations, who have appropriated, or
may appropriate, water for mining purposes,
to build dams and restraining works, to re-
strain mining debris carried into or down
any stream of water appropriated by the
corporators. It declares the places for i'm
pounding pools and locations of dams a
public use" We cannot understand the
need for such provision. Hydraulic
mining is private business, as also is the
sale to hydraulic miners of appropriated
water. To invoke the power of eminent
domain for the formation of either, can
scarcely be said to be justified by the min
ing situation in California to-day, though
the Code already authorizes the exercise
of the right for the purpose of roads, tun-
nels, bitches and dumping-places for work
ing mines, etc. If the construction of the
dams indicated is advisable, the law as ex-
pressed in Section 1888 of the Code of
Civil Procedure is amply sufficient, and no
new law is needed. The provision that no
dam shall be erected upon any navigable
stream is mere blind aud "sop," since
the State has not the power to authorize
even if so minded, any person to obstruct
any navigable waters, or menace them by
any such constructions.
The second section requires a record TO
be made of the water properties that are
TO be combined in the proposed new cor
poration. 1t further provides that those
not Of the corporation shall he prohibited
from awaiting of the supposed benefit of
such dams, by discharging into streams
above them; provision that invests the
corporation with enormous monopoly of
power which may be used to Cypress all
miners of all classes, located above such
works. 1t would practically confscate
their property. Ii would exclude drift
and quartz and other miners from any in
dependency, and make them the veriest
slaves Of the new water corporation. No
one in the valley objects to the results of
quartz and drift mining; but this bill pro-
poses 10 put the hand of corporate mo-
nopoly, enjoying the exclusive privilege
that alone creates absolute monopoly, upon
the throat of every drift and quartz miner
whose industry may be prosecuted above
the dangerous dams of the new power that
is to be backed by the authority of the
State itself
The third section relates only TO the dis
tribution of shares in the proposed new
corporations. The fourth makes the water
property of each Of the corporations liable
fer the debts of the association as against
claimants under any transfer or sale Sec
ton FIVE gives the corporation power to levy
and collect assessments upon the subscribed
stock, FOR the purpose of constructing the
works contemplated, "to restrain all min
ing debris on the streams designated in
the articles of Incorporation, above such
DAMS" etc. The consent and approval on
the part of the State of hydraulic mining
methods, declared by the Courts to be in
violation of the rights of people below
the mines, it would appear is thus to be
eiven. While we do not believe the Leg
stature possesses the power to give this
annroyal. and which certainly is one of the
leading purposes of the bill, 1t IS pro-
1osal that excites the fears of valley resi-
dents, and justi6es the alarm it has already
created. 1t is provided in this same sec
tinn that ten per cent Of the assessments
collected" shall be paid over to the State